Friday, April 22, 2011

Suit: Couple Threatened With F'closure Despite Having Made All Payments; BofA Blamed For Failing To Acknowledge Servicer Screw-Up During Loan Takeover

In Wagoner, Oklahoma, KOTV Channel 6 reports:
  • Fallout from a fraud in the mortgage business creates a headache for a couple in Wagoner. Their mortgage lender went bankrupt because of fraud - in fact a top executive was convicted just Tuesday. But the chaos the fraud created has led to a lawsuit here in Green Country.
  • It might seem like the mortgage mess is far away with huge companies - but it's way too close to home for a lady in Wagoner who just wants credit for making every payment, on time, but instead - she's being threatened with foreclosure.
  • Janna Metzger is a paramedic in Wagoner, but she spends a lot of time playing banker - because of a mortgage company that claims she owes them money she says she's paid. "One payment and I get letters of possible foreclosure," homeowner Janna Metzger said.
  • Metzger says the problem started with one house payment made just as their original lender, Taylor Bean & Whitaker, went bankrupt because of fraud, and her loan was sold. "They didn't send my last payment, Taylor Bean and Whitaker didn't, to Bank of America, when they took over," Metzger said.
  • In the 22 months since, Metzger has compiled a stack of phone records, canceled checks and letters, she says amount to harassment over money she doesn't owe. She's hired an attorney to try to get it stopped. "I mean this has gone on 20 months. It's not like it happened and the next day my clients filed a lawsuit," said Attorney Luke Wallace. "They tried to deal with this on their own, for 20 months of collection calls and letters saying we're foreclosing on your home, or that's in the process."
  • Wallace filed a lawsuit demanding at least $75,000 and an end to the collection letters. "If you don't stand up, and acknowledge it, and fight it, they'll take your home; that's the problem here," the attorney said. And it's left Metzger frustrated and angry.
  • "I have no idea what I owe on my house mortgage," said Wagoner resident Janna Metzger. Bank of America acknowledges the payments she's made, but in their letters claim she's a payment behind - because of the one missing payment from almost two years ago.

Source: Mortgage Fraud Creates Headache For Wagoner Couple.

For the lawsuit, see Metzger v. BAC Home Loan Servicing, L.P.

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